The most obvious difference is that between employers and employees there is a relationship of authority (subordination), but in the case of a self-employed worker, this relationship doesn’t exist.

The subordination relationship is made up of several things. The employee fulfills an employment contract for a person who gives him work to do. The employee has to work in exchange for a salary, under the orders of the employer. Generally, this means that the employee has to do the work himself, according to the schedule chosen by the employer, in a place determined by the employer, and with tools that the employer has provided. The employer supervises the employee. She says what to do, and when and how to do it. But even if some of the above criteria are absent, that still doesn’t automatically mean that the worker is self-employed. It is important to look at the big picture. For example, suppose a person provides his own tools at work – but the employer still tells him how to do the work and what time to show up each day. From this we could still conclude that the person is an employee.

A self-employed worker is an independent entrepreneur who takes on business or service contracts for clients in order to make a profit. The self-employed worker decides for himself how to do the work, and when to do it. He provides his own working tools, takes on the risks of loss and profit, and can often choose to have work done by someone else. Again, it is important to look at the big picture before making any final conclusions.

Even if this can be an important factor in deciding whether or not you are self-employed, the number of clients is not determinative by itself. What is important is whether the person assigning the work has control over the way the work is done, in the way described above.

No. If in reality you are an employee, this clause is illegal. You cannot keep someone from being protected under the Act respecting labour standards by making a contract. If in reality you are an employee, this clause is void – you must be treated like an employee. It is important to understand that the terms used in a contract don’t always describe the real situation. The fact that you call your boss a client, or that your co-workers think of you as a freelance worker doesn’t matter. It is more important to look at the real situation, not just your job title.

No, not necessarily. If you get a salary in return for work done under the supervision and control of your different bosses, you just have several work contracts. You are the employee of several employers, that’s all. Again, by looking at all of the factors discussed above, it is possible to determine your real status. It might be that you are an employee in one of your part-time jobs, and a self-employed worker for your other jobs. It all depends on your particular situation.

Yes. As we explained above, if for one of your contracts the person who hired you has some control over how you do your work, it may in fact be an employee-employer relationship. It all depends on the facts. If there is such an employment relationship, different workplace laws, notably the Act respecting labour standards, will apply.

For example, a firefighter (who is an employee of the city) can also work as an electrician in his time off. He will be considered a municipal employee and a self-employed worker at the same time.

No, not unless you have decided to pay into the system voluntarily as a self-employed worker. But to be considered a self-employed worker under the Act respecting industrial accidents and occupational diseases, there are certain conditions to fulfill. We recommend that you learn more by contacting the CSST about your situation.

No. As a self-employed worker, you cannot benefit from the minimum labour standards since only employees are covered. It is up to you to negotiate the salary that you are willing to work for when you accept a new contract.